Legal Question in Real Estate Law in Maryland
Deed and house note
If I purchase a house whilst seperated and my name is on the house note (mortgage) and not on the deed, can my ex-wife claim any share in the house?
2 Answers from Attorneys
Re: Deed and house note
Maybe. She might assert you were concealing your ownership. It is risky to be on the loan & not on title. Who will be on title? Also, the lower rate interest loans generally require owner occupancy. Have you checked the loan documents? If you have aditional questions, I can be reached via email or at 703-915-1401.
Re: Deed and house note
It also depends on where the funds to purchase the house came from. If she has a claim to some of those funds (for example, if they were taken from a joint account or you sold an asset that you and your wife held together), she may be able to reach the house if you are unable to come up with her half of the cash. It also makes it easier to prove that the fact that you are not on the deed is an attempt to prevent her from obtaining assets that she has an interest in.
Feel free to contact me if you have further questions.